NOTICE OF SUBSTITUTE
SALE OF REAL PROPERTY
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
In the Matter of the Foreclosure of the Leasehold Deed of Trust executed by DGRM Investments, LLC,
to Isabel Worthy Mattox,
As recorded in Book 10638, Page 743 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 14693, Page 396 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Leasehold Deed of Trust from DGRM Investments, LLC to Isabel Worthy Mattox (the “Original Trustee”) for the benefit of Central Carolina Bank and Trust Company recorded in Book 10638, Page 743 of the Wake County Public Registry, as modified in Book 13468, Page 1149 (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the leasehold interest described as follows, together with all rights, privileges and appurtenances thereto (the “Property”):
All of that property described in that certain sublease from Piedmont Aviation Services, Inc., a North Carolina corporation and DGRM Investments, LLC a North Carolina limited liability company which is a portion of that property leased to Piedmont Aviation Services Inc. by the Raleigh-Durham Airport Authority, a municipal corporation, pursuant to that Lease and Operating Agreement dated as of April 1, 1977, as amended from time to time, which property is more particularly described as follows:
Description of a proposed hanger building based on plans by Landmark entitled Proposed Hanger for Piedmont Hawthorne, Raleigh Durham Airport, Wake County, N.C., last revised 10/16/02.
Said Building being more fully described as follows:
Beginning at the North West corner of a proposed building site, said corner having R.D.U. coordinates of N: 5401.50 feet and E: 2017.33 feet; said point being the point and place of beginning;
Thence from the point of beginning, and running clockwise with the line of the proposed building, the next four calls, North 90 degrees 00’ 00” East, 120.34 feet to a point; thence South 0 degrees 00’ 00” East 340.34 feet to a point; thence South 90 degrees 00’ 00” West 120.34 feet to a point; thence North 0 degrees 00’ 00” West 340.34 feet to the point of beginning.
Containing 40,956 square feet or 0.9402 acres of land, more or less.
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was DGRM Investments, LLC.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the Property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: July 16, 2013
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 20th day of June, 2013.
Louis E. Wooten, III,
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
The Wake Forest Weekly
July 4, 11, 2013